EIGHT - Heppner Gazette-Times, Heppner, Oregon Wednesday, July 6,2011
PUBLIC NOTICE
IN THE CIRCUIT COURT
O F TH E STA TE OF
OREGON
FOR THE COUNTY OF
MORROW
W E S T E X T E N S IO N
IRRIGATION DISTRICT,
Plaintiff,
vs Patricia L. Pomeroy ,
David P. Huff, All Occupants
And Morrow County,
DEFENDANTS
Defendants.
No. 11CV003
Notice o f Sale on Writ o f
Execution
Real Property
An execution issued from
this court in this cause on
June 21, 2011, pursuant to
a judgm ent rendered and
entered on June 9, 2011,
in favor o f West Extension
Irr ig a tio n D is tr ic t and
against Defendants Patricia
L Pomeroy, and David P
Huff. In the Judgm ent it
was ordered that the certain
property below be sold to
satisfy an irrigation district
lien.
T h e e x e c u tio n is s u e d
pursuant to the judgm ent
commanded me to sell the
real p ro p erty d e scrib ed
b e lo w , to s a ti s f y th e
ju d g m e n t o f $ 4 ,6 9 4 .5 7
against said defendants,
together w ith interest at
the rate of 16% per annum
from November 19th, 2010
to date o f judgm ent, and
post judgm ent interest at
a rate of 16% per annum,
and $809.89 together with
p reju d g m en t in te rest at
the rate o f 16% per annum
from F eb ru ary 2, 2010
to date o f judgm ent, and
post judgm ent interest at
a rate o f 16% per annum
on irrigation district liens.
$2,049.50 A ttorney fees
and $ 4 4 7 .0 0 c o sts and
distribution incurred herein,
w ith in terest o f 9% per
annum thereon from date of
judgment, pursuant to ORS
545.496(2). I will on July 14,
2011 , at 10am at the door
of the county courthouse
in Morrow county, Oregon
sell at public auction to the
highest bidder for cash (
subject to redem ption as
provided by law) all the
interest the above named
D e fe n d a n ts P a tric ia L
Pom eroy, D avid P Huff,
All other Occupants, and
M orrow C ounty had on
N ovem ber 19, 2010 and
February 2,2010, the dates
o f the liens, and also all of
the interest that defendants
had thereafter in the real
p ro p e rty d e s c r ib e d as
follows:
A parcel o f land located
in the Northwest Quarter
of the Southwest Quarter
of Section 23, Township 5
North, Range 26, East o f the
Willamette Meridian, in the
County o f Morrow and the
State o f Oregon, described
as follows:
Beginning at the Southeast
Comer of Lot 7, Block 45
W est; th en c e N o rth e rly
along the East line of said
Lot 7, a distance o f 621.00
feet m ore or less, to the
Center line o f a Concrete
L ined Irrig atio n L ateral
thence Westerly along the
Center line o f said Lateral
a distance o f 314.00 feet,
more or less, to the west line
o f the East 14.00 feet o f lot
6, Block 45 West; thence
southerly along said West
line a distance o f 627.00
feet, more or less, to the
south line thereof ; thence
Easterly along the south
line o f said lots 6 and 7
a distance o f 314.00 feet
more or less, to the point of
beginning.
Dated: March 14, 2011
Title : Chief Civil Deputy
By: Judy Chastain
Deputy
Published: June 29 and July
6 , 2011
Affidavit
PUBLIC NOTICE
C IT Y O F H E P P N E R
MAILS WATER REPORT
The City of Heppner’s 2010
Water Quality Report has
I
been m ailed to residents.
The report describes the
quality of the City’s drinking
water and explains health
inform ation, m onitoring
data, and the sources o f
w ater. T he rep o rt also
provides updates on the
p ro g re s s o f th e C ity ’s
water supply development
projects.
Anyone who did not receive
a copy of the report in the
mail may pick one up at City
Hall, 111 N. Main Street, or
call 541-676-9618.
Published: July 6, 2011
Affidavit
PUBLIC NOTICE
TRUSTEE’S NOTICE OF
SALE
A d e fa u lt has o c cu rred
under the terms o f a trust
deed made by Wayne H.
S chw abrow and Brenda
Schwabrow, tenants by the
entirety, as grantor to Kelly
D. Sutherland o f Shapiro
& K reism an, as Trustee,
in favor o f Union Planter
Bank, NA, as Beneficiary,
dated December 30, 2003,
recorded January 16,2004,
in the mortgage records of
Morrow County, Oregon,
as D oc. # 2 0 0 4 -1 0 0 3 2 ,
beneficial interest having
been assigned to EverBank,
as covering the following
described real property:
Parcel 2 o f Partition Plat
199 5 -8 , in th e C ou n ty
o f M orrow and State o f
O regon. CO M M O N LY
KNOWN AS: 78539 Paul
Smith Road, Boar dm an, o f t
97818. Both the beneficiary
and the trustee have elected
to sell the said real property
to satisfy the obligations
secured by said trust deed
and a notice o f default has
been recorded pursuant to
Oregon Revised Statutes
86.735(3); the default for
w hich the foreclosure is
made is grantor's failure to
pay when due the following
sums: M onthly payments
in the sum o f $1,129.84,
from Ja n u a ry 1, 2011,
and m o n th ly p a y m e n ts
in the sum o f $976.27,
from F ebruary 1, 2011,
to g eth e r w ith all costs,
disbursements, and/or fees
incurred or paid by the
beneficiary and/or trustee,
their employees, agents or
assigns. By reason of said
default the beneficiary has
declared all sums owing on
the obligation that the trust
deed secures immediately
due and payable, said sum
being the follow ing, to-
wit: $115,867.09, together
with interest thereon at the
rate o f 6.5% per annum
from D ecem ber 1, 2010,
to g e th e r w ith all costs,
disbursements, and/or fees
incurred or paid by the
beneficiary and/or trustee,
their employees, agents or
assigns. W HEREFORE,
notice hereby is given that
the undersigned trustee will
on October 11, 2011, at the
hour o f 11:00 AM PT, in
accord with the standard
time established by ORS
1 8 7 .1 1 0 , a t th e m ain
entrance to the M orrow
County Courthouse, located
at 100 Court Street, in the
City of Heppner, County of
Morrow, State o f Oregon,
sell at public auction to the
highest bidder for cash the
interest in the said described
real property w hich the
grantor has or had power
to convey at the tim e o f
the execution o f said trust
deed, together with any
interest which the grantor
or his successors in interest
acquired after the execution
of said trust deed, to satisfy
the foregoing obligations
thereby secured and the
costs and expenses of sale,
in c lu d in g a re a so n a b le
c h a rg e by th e tru s te e .
Notice is further given to
any person named in ORS
86.753 that the right exists,
at any time that is not later
than five days before the
date last set for the sale,
to have this foreclosure
proceeding dismissed and
the trust deed reinstated by
paying to the beneficiary
o f the entire amount due
(other than such portion of
the principal as would not
then be due had no default
occurred) and by curing any
other default com plained
of herein that is capable o f
being cured by tendering
the performance required
under the obligations or
trust deed, and in addition
to pay in g sa id sum s or
tendering the performance
necessary to cure the default,
by paying all costs and
expenses actually incurred
in enforcing the obligation
and trust deed, together with
trustee's fees and attorney's
fees n ot e x c e e d in g the
amounts provided by said
ORS 86.753. In construing
this notice, the masculine
gender includes the feminine
and the neuter, the singular
includes the p lu ral, the
word "grantor" includes any
successor in interest to the
grantor as well as any other
person owing an obligation,
the performance o f which is
secured by said trust deed,
and the words "trustee" and
"beneficiary" include their
respective successors in
interest, if any. Also, please
be advised that pursuant
to the terms stated on the
Deed o f Trust and Note,
the beneficiary is allowed to
conduct property inspections
while property is in default.
This shall serve as notice
that the beneficiary shall
be c o n d u c tin g p ro p erty
in sp e c tio n s on the said
referenced property. The
F a ir D e b t C o lle c tio n
Practice Act requires that
we state the following: This
is an attempt to collect a
debt, and any information
obtained will be used for
that purpose. If a discharge
has been obtained by any
party through bankruptcy
proceedings: This shall
not be c o n stru e d to be
an attem pt to collect the
outstanding indebtedness or
hold you personally liable
for the debt.
D a te d : 0 6 -0 8 -2 0 1 1 By:
_/s/:Kelly D. Sutherland
K E L L Y
D .
SUTHERLAND
Trustee
S H A P I R O
&
SUTHERLAND, LLC
5501 N .E . 109th C ourt,
Suite N
Vancouver, WA 98662
w w w .s h a p iro a tto rn e y s .
com/wa
T e le p h o n e : (3 6 0 ) 2 60-
2253
Toll-free: 1-800-970-5647
S&S 11-106631
Published: June 15, 22, 29
and July 6, 2011
Affidavit
PUBLIC NOTICE
June 15,2011
S U B J E C T : A P u b l ic
Hearing will be held at the
R egular M eeting o f the
Heppner City Council on
July 11, 2010 to consider a
special request to utilize the
City's Right-of-Way in the
vicinity of the August street-
Kirk street intersection for
the parking o f a temporary
residence. (This is about
tw o blocks south o f the
County Court House., and
one block west of the Court
House). City Council begins
at 7:00 P.M.
Background: On January 03,
2011 the Heppner Planning
Commission granted
a Temporary Use Permit to
park an RV to Mr. & Mrs.
Dan McBride at 146 Kirk
street for a period o f one
year. This was for Tax lot #
5500, Map 2S 26 35BC.
O n M ay 0 9 , 2 0 1 1 , at
the direction o f the City
C ouncil, Dave DeM ayo,
C ity M a n a g e r , a s k e d
M r. Ju d d C o p p a c k , an
independent surveyor, to
locate and mark (pin) the
K irk street right-of-w ay
from th e A u g u st stre e t
intersection south to the Kirk
street bridge. This request
was initiated because o f
complaints received from
local re s id e n ts th at the
M cB rid es' w ere sto rin g
construction materials too
close to the edge o f the
roadway.
As a result of marking the
Kirk street right-of-w ay,
it becam e apparent that
construction materials, an
RV and some small sheds
were clearly sitting in the
right-of-way. The McBrides
are re q u e s tin g s p e c ia l
perm ission from the City
council to remain located
where they are parked (RV,
sheds etc.). Failure to grant
this request w ould force
them too close to the steep
bank o f W illow c re e k .
They would be unable to
utilize their property and
would probably be forced
to move.
Published: June 29 and July
6 , 2011
Affidavit
PUBLIC NOTICE
The Town Council o f the
Town of Lexington is going
to have an executive session
pursuant to ORS. 192.660
(2)(i). Executive Session
will take place on Monday
July 11,2011 at 6:30 pm.
Published: June 29, July
6 , 2011
property is described as
Tax Lot 112 o f Assessor’s
Map 3N 23. The property
is located south o f Interstate
84 off Threemile Road and
is zoned Exclusive Farm
Use. Request is to amend
CU P-N -169 to increase the
generating capacity o f the
approved power generation
facility from 3.5 Megawatts
to 9.6 Megawatts through
a p h a se d d e v e lo p m en t.
Criteria for approval include
M orrow C ounty Z oning
Ordinance (MCZO) Article
3 Section 3.010 and Article
6 Conditional Uses.
Opportunity to voice support
or opposition to the above
proposal or to ask questions
will be provided. Failure
to raise an issue in person
or by letter or failure to
provide sufficient specificity
to afford the decision maker
an opportunity to respond to
the issue precludes appeal
to the Land Use Board of
A ppeals based on those
issues.
Copies o f the staff report
and all relevant documents
w ill be a v a ila b le a fte r
July 15, 2011. For more
information, please contact
the Planning Department at
541-922-4624 or 541-676-
9061, extension 5503.
DATED this 6th day of July
2011
PUBLIC NOTICE
M ORROW COUNTY
LAND USE HEARING
THE
MORROW
C O U N T Y P L A N N IN G
COMMISSION will hold
the following hearings o f
public interest on Tuesday,
July 26, 2011, at 7:00 p.m.
at the Heppner City Hall,
Heppner, Oregon.
Transportation System Plan
M ajor Update: M orrow
County, applicant. This will
be the third o f at least three
hearings to consider changes
to the M orrow C o u n ty
Transportation System Plan
(TSP). Updating the TSP
ensures that the County’s
transportation network will
be able to serve the entire
County over the next 20
years and that the County
is c o n s is te n t w ith th e
requirements o f the State
o f Oregon Transportation
P lan n in g R ule. C rite ria
for approval include the
Morrow County TSP. Final
approval o f this revision
w ill be g ra n te d by the
Mofrow County Court.
C o n ditional U se P erm it
C U P -S -2 8 8 : R ich R uhl
applicant and owner. The
property is described as
Tax Lot 600 o f Assessor’s
Map 2S 24. The property
is lo c a te d on B re n n e r
C anyon Road and Rhea
Creek Road approximately
7 miles south o f lone and is
zoned Exclusive Farm Use.
Request is to approve an
aggregate quarry that will
process less than 500,000
tons o f aggregate material.
Criteria for approval include
M orrow C ounty Z oning
Ordinance (MCZO) Article
3 S ectio n 3 .0 1 0(D )( 11)
and Article 6 Conditional
Uses.
C o m p r e h e n s i v e P la n
A m endm ents A C -048-11
and A C(M )-049-l 1: Rich
Ruhl applicant and owner.
The property is described as
Tax Lot 600 of Assessor’s
Map 2S 24. The property
is lo c a te d on B re n n e r
C anyon Road and Rhea
Creek Road approximately
7 miles south o f lone and
is zoned Exclusive Farm
Use. Request is to amend
the Comprehensive Plan to
include a locally significant
aggregate site to Morrow
County’s list of significant
a g g re g a te s ite s a n d to
amend the Comprehensive
Plan m ap to include the
ag g reg ate site lo cation.
C riteria for approval are
fo u n d in th e M o rro w
C ounty C o m p reh e n siv e
Plan (MCCP) Review and
Revision Process.
C o n d itional Use Perm it
C U P - N - 1 6 9 ( A ): T M F
B iofuels, LLC applicant
and T h re e m ile C an y o n
Farm s, LLC owner. The
*
M ORROW
COUNTY
P L A N N I N G
DEPARTMENT
Published: July 6, 2011
Affidavit
PUBLIC NOTICE
The Town o f Lexington is
requesting proposals from
licensed bonded contractors.
The project will involve
fu rn is h in g all re q u ire d
m a t e r i a ls , e x c a v a tio n
and c o n stru c tio n o f the
project. The contractor will
be expected to furnish all
applicable building permits
and follow all b u ild in g
codes. The contractor must
have a current and valid
contractor's license
The building will house the
Volunteer Fire Department.
T h e b u ild in g w ill be
c o n stru c te d at a site in
Lexington, Oregon
The building will be o f pole
bam type construction. It
will be 72' in length 45'
in width with a 14'8" eave
height. A complete set of
engineered drawings may
be view ed at: Town Hall
425 F Street L exington,
Oregon 97839 or Hermiston
Plan C enter 1565 N. 1st
Hermiston, Oregon 97838.
Bid requirem ents may be
obtain ed by contactin g :
Town o f L e x in g to n PO
Box 416 Lexington, Oregon
541 -989-8515 or Hermiston
Plan Center 541-564-0420
Proposals must be received
no later than A ugust 1,
2011 in a sealed envelope
and addressed to: Town of
L exington, PO Box 416
Lexington, Oregon 97839.
Proposals must be identified
as "Lexington Fire Station
Construction Project"
Published: July 6 and 13,
2011
Affidavit
Sheriff’s Report
T he M orrow C ounty S h e riff’s O ffice reports
handling the follow ing business:
March 30 (cont.): citation to a 22 year old
male subject for No Opera
to r’s License and Driving
Uninsured.
April 6: -M CSO
arrested T hom as A ntho
ny Beach, 42, for Driving
While Suspended-Misd.
-BPD receiv ed a
report o f a hit-and-run with
vehicle damage at Board-
man Medical Clinic.
-BPD receiv ed a
report o f kids going to the
marina to smoke marijuana
during lunch break from
school.
April 7: -M CSO
received a report o f a fight
at school. The ju v en iles
were cited for Disorderly
Conduct II and Crim inal
M ischief II.
-M C SO issued a
c ita tio n to L inda Loree
Pine, 46, for Driving While
Suspended Violation.
-MCSO was noti
fied that Kody Lee Bledsoe,
28, was arrested by Hermis
ton PD on an Irrigon Justice
Court warrant for Failure
to A p p ear on V io latio n
Citation.
-BPD issued a cita
tion to a 20 year old female
subject for Parking in a
Disabled Zone.
April 8: - MCSO
was notified that Timothy
R. Crow, 40, was arrested
by Oregon State Police in
Salem on an Irrigon Justice
Court warrant for Failure to
Pay Fine/Imporation Cervid
C arcass K illed A nother
State.
April 9: -M CSO
issued a citation to Trista
Jane Melvin, 21, for Driv
April 4: -M CSO ing While Suspended-Vi
olation.
issued a citation to Valeriy
-MCSO was noti
Vitalyevich Gladkov, 33,
fied
that
Eric B enjam in
for V iolating the Speed
Ramsey,
41,
was arrested
Limit by driving 85 mph in
by Umatilla County Police
a 55 mph zone.
-M C SO issued a Department on an Irrigon
citation to a male subject Justice Court warrant for
for Maintaining a Dog as a Failure to Pay Fine/Dog as
a Public Nuisance.
Public Nuisance.
April 13: -MCSO
-MCSO was noti
issued a citation to Eric Alan
fied that Joel Chris Sousa,
43, was arrested by a Union King, 22, for Driving While
Pacific Railroad officer on Suspended-Violation.
-BPD issued a cita
a Morrow County Irrigon
tion
to
Tom
Raymond Car-
Justice Court warrant for
roll, 27, for Driving Whiles
Failure to Appear on the
Suspended.
original charge o f DUII.
-MCSO was notified that
Jessica Cruz, 26, was lodged
at Umatilla County Jail on
Umatilla County Sheriff’s
O ffice. M CSO placed a
hold for an Irrigon Justice
Court warrant for Failure to
Pay Fine/Failure to Appear
on a Violation Citation.
-BPD issued a cita
tion to Bobby Elden Patter
son, 30, for Failure to Obey
Traffic Control Device.
March 31: -MCSO
lodged a juvenile at NOR-
COR for Probation Viola
tion.
April 1: -M CSO
issued a citation to Amanda
Nicole Fortin, 24, for driv
ing 85 mph in a 65 mph
zone.
-M C SO issued a
citation to a 33 year old
female subject for Violating
the Speed Limit by driving
92 mph in a 65 mph zone.
-M C S O , Irrig o n
Ambulance and Irrigon Fire
responded to a report o f a
motorcycle crash in Irrigon.
The patient was transported
to Good Shepherd Hospital.
A 30 year old male was
cited for Reckless Driving,
No Operator’s License, and
No Insurance.
-MCSO received a
report from a mother who
stated her son was smok
ing marijuana in the house.
MCSO and BPD responded.
MCSO arrested the juvenile
for Probation Violation and
was lodged at NORCOR.
The juvenile was also cited
for Possession o f a C on
trolled Substance (less than
an ounce marijuana).
-M C SO issued a
I